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Previous Refusal on Good Character

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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ederson231
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Posts: 32
Joined: Sat May 25, 2024 12:20 pm
United Kingdom

Previous Refusal on Good Character

Post by ederson231 » Wed Nov 20, 2024 2:17 pm

I am seeking advice on behalf of someone who is considering applying for naturalisation as a British citizen but is concerned about a past issue with the Home Office.

In 2011, the individual applied for naturalisation, but the application was refused due to inconsistencies in identity information. The Home Office identified a fingerprint match linking the person to a record of someone removed from the UK in 2002 under a different name and date of birth. In the application, the individual had claimed to be of a different country origin and stated they entered the UK in 2005 under another identity.

The Home Office concluded that the individual had not been open and honest in their dealings, and therefore, they did not meet the "good character" requirement at the time. The refusal letter also indicated that this matter would be taken into account for assessing good character for a period of 10 years from the date of the letter (2011).

Since then, the individual has lived continuously in the UK, complied fully with the law, and has not had any further immigration issues.

Now that more than 10 years have passed since the refusal, will this matter still affect their chances of being approved for naturalisation now if they continue to deny the claim from the Home Office.

Thank you in advance for any insights or guidance.

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contorted_svy
Respected Guru
Posts: 3710
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: Previous Refusal on Good Character

Post by contorted_svy » Wed Nov 20, 2024 3:50 pm

I fear this is quite a grey area and one that could be useful to pick a solicitor's brain.

Read the guidance on good character https://www.gov.uk/government/publicati ... #deception
Deception in previous applications
An application will normally be refused where there is evidence that a person has employed deception either:

during the citizenship application process
in a previous immigration application in the previous 10 years
It is irrelevant whether the deception was material to the grant of leave or not.

An application will normally be refused if there has been any deception in the 10 years prior to the application for citizenship. For these purposes, the deception is regarded as continuing until the date on which it is discovered or admitted. For example, if a person used deception in an application in 2008, but that was discovered or admitted to in 2010, the 10-year period would start in 2010.
As it was a different person, one would need to get to the root cause and get the HO to admit this is not your friend. If your friend doesn't admit to the crime and the HO insists it was them it may be seen as continuation of this deception and therefore the 10 years haven't elapsed yet.

As this has happened so long ago, I wouldn't know how to prove that it wasn't your friend wasn't the person who committed immigration fraud. Are there any records eg passport stamps, letters from employers, tenancy agreements, that your friend has, that show it can't be this other person?

Other experienced members may weigh in, but as I said above this may be one for a solicitor.
All advice comes from personal research and experience and should not be regarded as professional opinion.

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